Key problems in 2026 in petitions from the courts to the Constitutional court pursuant to Article 150 (2) of the Constitution Cover Image
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Ключови проблеми в исканията от съд до Конституционния съд на основание чл. 150, ал. 2 от Конституцията през 2026 година
Key problems in 2026 in petitions from the courts to the Constitutional court pursuant to Article 150 (2) of the Constitution

Author(s): Atanas Semov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Съюз на юристите в България
Keywords: conflict with the Constitution; obligations of the national judge as a judge of EU law; admissibility; scope of application; primacy

Summary/Abstract: The study analyses all constitutional cases in the first half of 2026, instituted on petitions from the courts pursuant to Article 150 (2) of the Constitution, and the main issues related to their admissibility: determining the applicable law, misdetermining (or lack of assessment) as to whether the main action is linked to EU law, and failure to fulfil the obligation to not apply a law rule conflicting with EU law which, therefore, cannot be treated as "applicable law" within the meaning of Article 150 (2).

  • Issue Year: 2026
  • Issue No: 7
  • Page Range: 4-40
  • Page Count: 37
  • Language: Bulgarian
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